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previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to <br />meet its obligations under this Agreement; <br />b. Material adverse changes occur in the financial condition of the Sub -Recipient at any <br />time during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change within <br />thirty days from the date written notice is sent by the Division; <br />c. Any reports required by this Agreement have not been submitted to the Division or <br />have been submitted with incorrect, incomplete or insufficient information; or, <br />d. The Sub -Recipient has failed to perform and complete on time any of its obligations <br />under this Agreement. <br />(16)REMEDIES. <br />If an Event of Default occurs, then the Division shall, after thirty calendar days written <br />notice to the Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty days, exercise <br />any one or more of the following remedies, either concurrently or consecutively: <br />a. Terminate this Agreement, provided that the Sub -Recipient is given at least thirty <br />days prior written notice of the termination. The notice shall be effective when placed in the United <br />States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the <br />address in paragraph (3) herein; <br />b. Begin an appropriate legal or equitable action to enforce performance of this <br />Agreement; <br />c. Withhold or suspend payment of all or any part of a request for payment; <br />d. Require that the Sub -Recipient refund to the Division any monies used for ineligible <br />purposes under the laws, rules and regulations governing the use of these funds. <br />e. Exercise any corrective or remedial actions, to include but not be limited to: <br />i. Request additional information from the Sub -Recipient to determine the <br />reasons for or the extent of non-compliance or lack of performance, <br />ii. Issue a written warning to advise that more serious measures may be taken <br />if the situation is not corrected, <br />iii. Advise the Sub -Recipient to suspend, discontinue or refrain from incurring <br />costs for any activities in question or <br />iv. Require the Sub -Recipient to reimburse the Division for the amount of costs <br />incurred for any items determined to be ineligible; <br />f. Exercise any other rights or remedies which may be available under law. <br />Pursuing any of the above remedies will not stop the Division from pursuing any other <br />remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in <br />this Agreement or fails to insist on strict performance by the Sub -Recipient, it will not affect, extend or <br />12 <br />99 <br />